DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

GD Concrete and Construction Pty Ltd
(AG2016/3180)

GD CONCRETE & CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 JUNE 2016

Application for approval of the GD Concrete & Construction Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the GD Concrete & Construction Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GD Concrete and Construction Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 28 June 2016 and, in accordance with s.54, will operate from 5 July 2016. The nominal expiry date of the Agreement is 28 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A:

CaseChat Overview and Summary

GD Concrete and Construction Pty Ltd recently sought approval for their 2016 Enterprise Agreement, which was brought before the Fair Work Commission. The company, a concrete and construction firm, aimed to have the agreement, which governs employment terms for their workers, formally endorsed. The dispute centred on whether the agreement complied with the necessary legal standards and whether it was fairly negotiated. The Fair Work Commission was tasked with determining if the agreement met the requirements set forth in the Fair Work Act 2009.

The central legal issues addressed by the Commission included whether the agreement was genuinely negotiated and if it contained the necessary minimum terms and conditions as stipulated by law. The Commission also had to assess if the agreement was fair and if it was appropriately presented to the employees. Additionally, the Commission examined if the company had complied with the procedural requirements necessary for the approval of such agreements.

In its decision, the Fair Work Commission carefully reviewed the negotiation process and the contents of the agreement. The Commission found that the agreement had been genuinely negotiated and contained all the required minimum terms. It was determined that the agreement was fair and provided adequate protections for the employees. The company was also found to have complied with all procedural requirements. Consequently, the Commission approved the GD Concrete and Construction Pty Ltd Enterprise Agreement 2016.

GD Concrete and Construction Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established